Private Higher Educational Institutions (Amendment) 1
a bill
i n t i t u l e d
an act to amend the Private Higher Educational institutions act
1996.
[ ] ENACTED by the Parliament of Malaysia as follows:
Short title and commencement
1. (1) This act may be cited as the Private Higher Educational
institutions (amendment) act 2012.
(2) This act comes into operation on a date to be appointed
by the Minister by notification in the Gazette .
Amendment of section 2
2. The Private Higher Educational institutions act 1996 [ Act 555 ],
which is referred to as the “principal act” in this act, is amended
in section 2 by inserting after the definition of “branch campus”
the following definition:
‘ “Campus”, in relation to a private higher educational institution,
means the registered premises of the private higher educational
institution;’.

Bill 2
Substitution of section 47
3. The principal act is amended by substituting for section 47
the following section:
“Activities of students or students’ society, organization,
body or group
47. (1) Subject to subsection (2), a student of the private
educational institution may become a member of any society,
organization, body or group of persons, whether in or outside
Malaysia, including any political party.
(2) a student of the private educational institution shall
not—
(a) become a member of any unlawful society, organization,
body or group of persons, whether in or outside
Malaysia;
(b) become a member of any society, organization, body or
group of persons, not being a political party, which the
Registrar General determines and specifies in writing to
the chief executive of the private educational institution
to be unsuitable to the interests and well-being of the
students or the private educational institution;
(c) stand for election to or hold any post in any society,
organization, body or group of students in the Campus
if the student holds any post in a political party; or
(d) be involved in political party activities within the
Campus.
(3) a student of the private educational institution and
any society, organization, body or group of students of the
private educational institution which is established by, under
or in accordance with the constitution, shall not express or do
anything which may reasonably be construed as expressing
support for or sympathy with or opposition to—
(a) any unlawful society, organization, body or group of
persons, whether in or outside Malaysia; or

Private Higher Educational Institutions (Amendment) 3
(b) any society, organization, body or group of persons
which the Registrar General determines and specifies in
writing to the chief executive of the private educational
institution to be unsuitable to the interests and well-
b e i n g o f t h e s t u d e n t s o r t h e p r i v a t e e d u c a t i o n a l
institution.
(4) Notwithstanding subsection (3), a student of the private
educational institution shall not be prevented from—
(a) making a statement on an academic matter which
relates to a subject on which he is engaged in study
or research; or
(b) expressing himself on the subject referred to in paragraph (a)
at a seminar, symposium or similar occasion that is
not organized or sponsored by any unlawful society,
organization, body or group of persons, whether in
or outside Malaysia, or any society, organization,
body or group of persons determined by the Registrar
General under paragraph (3) (b) to be unsuitable to the
interests and well-being of the students or the private
educational institution.
(5) The chief executive of the private higher educational
institution shall comply with the directions of the Registrar
General in regulating the activities of students or a society,
an organization, a body or group of students of the private
higher educational institution within the Campus.
(6) any private higher educational institution which fails
to comply with the directions of the Registrar General under
subsection (5) commits an offence and shall, on conviction,
be liable to a fine not exceeding fifty thousand ringgit.”.
Savings
4. (1) all disciplinary actions which are pending under
subsection 47(4) of the principal act in relation to matters referred
to in subparagraph 47(1) (a) (i) and paragraph 47(1 c)(a) of the
principal act against any student of the private higher educational
institution shall, on the date of coming into operation of this act,
be discontinued.

Bill 4
(2) all actions which are pending under section 49 of the
principal act in relation to matters referred to in paragraph
47(1 c)(a) of the principal act against any organization, body or
group of students of the private higher educational institution
shall, on the date of coming into operation of this act, be
discontinued.
EXPlaNaTORY STaTEMENT
This bill seeks to amend the Private Higher Educational institutions act 1996
(“act 555”).
2. Clause 1 contains the short title and provision on the commencement of
the proposed act.
3. Clause 2 seeks to amend section 2 of act 555 to introduce a new definition
of “Campus” to clarify a private higher educational institution’s perimeters
for the purpose of the exercise of rights under the new section 47.
4. Clause 3 seeks to substitute for section 47 of act 555 a new section 47.
The proposed subsection 47(1) seeks to extend the students’ right of
association to include the right to become a member of any political party. The
existing section 47 of act 555 does not allow students to become members
of political parties.

The proposed paragraphs 47(2) (a) and (b) provide restrictions on students
in respect of becoming members of an unlawful society, etc. , and members
of a society, etc. , which the Registrar General determines to be unsuitable to
the interests and well-being of the students or the private higher educational
institution. However, the determination by the Registrar General under the
proposed paragraph 47(2) (b) shall not include a political party.
The proposed paragraph 47(2) (c) seeks to prohibit a student from running
for election to or holding any post in any society, organization, body or
group of students in the Campus if he holds any post in a political party. The
prohibition seeks to maintain neutrality in the Campus.
The proposed paragraph 47(2) (d) seeks to impose restrictions on students’
involvement in political party activities inside the Campus. These restrictions
seek to maintain neutrality in the Campus. However, no restriction is imposed
on students’ political party activities outside the Campus.
The proposed subsection 47(3) seeks to remove the restriction imposed on
students and societies, organizations, bodies or groups of students in expressing
or doing anything which may reasonably be construed as expressing support
for or sympathy with or opposition to any political party. This is consistent
with the Court of appeal’s decision in the case of Muhammad Hilman Idham

Private Higher Educational Institutions (Amendment) 5
& Ors v Kerajaan Malaysia & Ors [2011 ] 9 CLJ 50 . However, the subsection
maintains the restrictions in the existing subsection 47(1 c) of act 555 whereby
the students and societies, organizations, bodies or groups of students are
not allowed to express or do anything which may reasonably be construed as
expressing support for or sympathy with or opposition to any unlawful society,
organization, etc., and any society, organization, etc., which the Registrar
General determines to be unsuitable to the interests and well-being of the
students or the private higher education institution.
The proposed subsection 47(4) seeks to provide the exceptions to the
restrictions imposed in the proposed subsection 47(1 c) as provided under the
existing section 47 of act 555.
The proposed subsection 47(5) seeks to impose an obligation on the chief
executive to comply with the directions of the Registrar General in regulating
activities of students, or students’ organization, body or group, inside the
Campus.
The proposed subsection 47(6) provides that the private higher educational
institution which fails to comply with the directions of the Registrar General
under subsection (5) commits an offence and shall be liable to a fine.
5. Clause 4 seeks to provide for savings provision.
FINANCIAL IMPLICATIONS
T h i s bi l l w i l l n o t i n v o l v e t h e G o v e r n m e n t i n a n y e x t r a f i n a n c i a l
expenditure.
[PN(U2)2858]